Terms & Conditions
Terms & Conditions
This app was developed by Incentivio Inc. Your access to and use of the Service is conditional on your acceptance of and compliance with the Terms outlined below. By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
This end-user license agreement (EULA) is a legal agreement between you (End-user or you) and Incentivio, Inc. (Licensor, us or we) for:
We license use of the App to you on the basis of this EULA. We do not sell the App to you. We and/or the owners of the App remain the owners of the App and at all times.
By downloading the App from this website or clicking on the "Accept" button below you agree to the terms of the license which will bind you. The terms of the license include, in particular, limitations on liability in condition 7.
If you do not agree to the terms of this license, we will not license the App to you, and you may not continue use of the app.
You should print a copy of this EULA for future reference.
1. The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this EULA.
2. We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen, and you may be required to read and accept them to continue your use of the Services.
3. From time-to-time updates to the App may be issued through the Web Site. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
4. Prices are subject to change without notice.
5. Any awarded prizes and reward qualification amounts are subject to change without notice.
6. Loyalty Point redemption offers are subject to availability.
7. Points earned for each qualified check in have no cash value.
8. Limit 1 check in per participating venue per day.
9. A qualified check-in requires $20 minimum retail purchase
10. Redemption offers are not valid with any other discount or incentives
11. Loyalty Points cannot be combined or shared among members
12. Redemptions are not applicable towards a qualified check in
13. Points earned at check in cannot be redeemed on the same date.
14. Only one qualified check in point per guest check will be awarded
15. Employees of Davison Hospitality Group are not eligible to participate.
16. All offers expire on 12 /31 of the calendar year
18. Security Policy - Your payment and personal info is always safe. Our SSL software encrypts all of your credit card information.
19. Refund Policy - We do not offer refunds on orders. In certain circumstances, we may be able to issue a credit discount directly to your app account, or a gift card.
20. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(2.2.1) ( Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
21. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
22. The App or any Service may contain links to other independent third-party websites ( Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
23. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENSE
2. You may:
1. download the App onto a device and to view, use and display the App on the Devices for your personal purposes only
Except as expressly set out in this EULA or as permitted by any local law, you agree:
1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
1. is used only for the purpose of achieving inter-operability of the App with another software program;
2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3. is not used to create any software that is substantially similar to the App;
5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together License Restrictions
ACCEPTABLE USE RESTRICTIONS
1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(to the extent that such use is not licensed by this EULA);
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all intellectual property rights in the App the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
2. You acknowledge that you have no right to have access to the App in source-code form.
NO WARRANTY OR SUPPORT
1. You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
2. To the maximum extent permitted by applicable law, the App and Documents and Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
2. We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Nothing in this EULA shall limit or exclude our liability for:
1. death or personal injury resulting from our negligence;
2. fraud or fraudulent misrepresentation; and
3. any other liability that cannot be excluded or limited by US law.
1. We may terminate this EULA immediately by written notice to you:
1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
2. if you breach any of the License Restrictions or the Acceptable Use Restrictions; and
3. on thirty days notice.
2. On termination for any reason:
1. all rights granted to you under this EULA shall cease;
2. you must immediately cease all activities authorized by this EULA;
3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App in your possession, custody or control and certify to us that you have done so.
COMMUNICATION BETWEEN US
1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
2. If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
2. we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
5. Please note that this EULA, its subject matter and its formation, are governed by US law. You and we both agree that the courts of United States of America will have non-exclusive jurisdiction.
6. When you provide us with your mobile phone number and elect to do so, you agree that we may send marketing text messages (including SMS, MMS, or RCS) to that phone number. Message frequency will vary. Message and data rates apply. You agree to receive a final text message confirming your opt-out. Consent is not required to purchase our goods or services. You agree to provide us with a valid mobile number. You agree to notify us of any changes to your mobile phone number.
Remember, if you elect to receive texts from us, your wireless carrier may impose a charge on inbound and outbound text messages. Please check with your wireless carrier for details. We reserve the right to change the phone number from which messages are sent.
7. Data Retention and Deletion
1. Users may request to delete their account at any time by sending an email to email@example.com.
2. Following an account deletion request, we delete the User's account and data completely, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, or fraud prevention.
4. We do not collect or retrieve a User's personal data from Facebook. We use the Facebook SDK integration to allow Users to publish a post.
5. If you want to delete your Facebook related activities, you can remove your activities by following these intructions:
1. Go to your Facebook account's "Settings & Privacy" section and select "Settings".
2. Then, go to "Apps and Websites" and you will see all of your Apps activities.
3. Select the option box for our app and select "Remove".
4. You have now successfully removed your activities.